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2025 DAILYLAW 126459 (ALL)

RAVINDRA VERMA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND OTHERS

A482/1604/2022 · 2025-08-12

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47187 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1604 of 2022 Applicant :- Ravindra Verma And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Applicant :- Ram Ujagir Verma,Sachin Verma Counsel for Opposite Party :- G.A.,Arun Kumar Verma,Dinesh Kumar Verma,Rakesh Dwivedi Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Sri Rakesh Dwivedi, learned counsel for opposite parties nos. 2 and 3 and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet dated 05.10.2021 filed in Case No. 12842 of 2021, arising out of Case Crime No. 111 of 2021, under Sections 498A, 323, 504, 354, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Jalalpur, District Ambedkar Nagar and summoning order dated 05.10.2021 passed by learned Judicial Magistrate, Ambedkar Nagar as well as entire proceedings in pursuance thereof. Learned counsel appearing for the applicants submits that the dispute is purely civil in nature, as there is a matrimonial dispute in between the husband and the wife and due to which the instant FIR has been lodged and criminal proceedings have been initiated against the applicants and his family members. He next added that thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 09.06.2025, which has been annexed as Annexure No.A-1 alongwith the application for disposal of the instant application u/s 482 Cr.P.C. dated 09.06.2025. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite parties nos. 2 and 3 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. Learned AGA appearing for the State has no objection to the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of three months, the proceedings initiated in pursuance of Case No. 12842 of 2021, arising out of Case Crime No. 111 of 2021, under Sections 498A, 323, 504, 354, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Jalalpur, District Ambedkar Nagar, shall remain stayed, so far as present applicants are concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. Office is directed to return back the original compromise deed dated 09.06.2025 to learned counsel for the applicants within a week. Order Date :- 12.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench